Ohio's Gerrymandering Problem
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Ohio’s Gerrymandering Problem: Why Haven’t We Fixed This Yet? A Report from the League of Women Voters of Ohio and Common Cause Ohio Contents: What is Gerrymandering?.........p.2 Ohio Redistricting Timeline…...p.3 A Short History of Ohio Redistrict- ing……………………………...…..p.4 1992-2002 The last time Ohio almost passed re- form: the 2010 legislative proposal ……………………….……………...p.6 “The Elephant in the Room” the last time Ohio’s congressional districts were drawn ……………………….p.7 “Predictable Results” and how Ohio’s congressional districts are rigged against voters …………………...p.16 1982-1992 1 What is Gerrymandering? Redistricting 101: Why do we redraw districts? • Every ten years the US Census is conducted to measure population changes. • The US Supreme Court has said all legislative districts should have roughly the same population so that everyone’s vote counts equally. This is commonly referred to as “one person, one vote.” • In the year following the Census, districts are redrawn to account for people moving into or out of an area and adjusted so that districts again have equal population and, for US House districts, may change depending on the number of districts Ohio is entitled to have. • While the total number of state general assembly districts is fixed -- 99 Ohio House and 33 Ohio Senate districts -- the number of US House districts allocated to each state may change follow- ing the US Census depending on that state’s proportion of the total US population. For example, following the 2010 Census, Ohio lost two US House seats, going from 18 US House seats in 2002-2012 to 16 seats in 2012-2022. What is Gerrymandering? • Gerrymandering is the manipulation of political districts to rig the outcome of elections to favor one political party or candidate over another. • Both Republicans and Democrats have done it when they controlled districting. In Ohio, US House districts are drawn by the General Assembly, with a simple majority needed for approval. • This type of map-making reduces voter choices and leads to fewer competitive elections and elected officials who are less accountable to their constituents. • How do map-makers create unfair districts? The two main ways are called “packing” & “cracking.” The party that has the majority can pack voters of the minority party into one district so that they reduce the number of minority party districts. The majority party can also crack voters of the minority party into the re- maining districts to dilute their voting power. 2 3 A Short History of Ohio Redistricting Advocates of fair elections have been working on redistricting reform for more than 35 years. In 1981, a constitutional amendment was placed on the Ohio ballot to change the method of state legislative and congressional redistricting to a more for- mulaic, mathematical approach that favored compact dis- “It wasn’t fun drawing the districts tricts. and moving them through the courts, but it was all worth it when In 1981, David L. Horn, an agricultural engineer from Ath- the results of the 1972 election were ens County, told the Cleveland Plain Dealer, “I was counted. We won the majority in the cleaning out a ditch when I thought about compactness of districts, a mathematical relationship.” [Ohio] House 58-41, an increase of 13 seats for the Democrats. That’s This idea grew to become Issue 2, the Fair and Impartial the power of the pencil.” Redistricting (FAIR) proposal. - Former Speaker Vern Riffe Whatever’s Fair: The Political Autobi- This amendment was supported by good government or- ography of the Ohio House Speaker ganizations such as the League of Women Voters of Vern Riffe Ohio, as well as by the Ohio Republican Party. Joe Elton, the coordinator of the committee, said, “It’s easy for Republicans to be for good government when they’re down and out. However, I honestly believe that the adoption of the FAIR amendment will be in the best interests of both the Republican and Democrat parties over the long run.” This redistricting reform effort was opposed by the Democrats and their allies, who at that time con- trolled the redistricting process and saw no need to change it. It’s hard to fight fairness but Ohioans saw Issue 2 of 1981 as a partisan issue, rather than a change to ensure good government. The opposition questioned the rigid mathematical formula of compact- ness and the amendment was soundly rejected by the voters. Following this defeat, Joan Lawrence, vice chair of the “I support the FAIR constitutional Committee for Fair and Impartial Redistricting comment- amendment. I believe this proposal ed, “Who would try again?” integrates fair play and common The answer to the question was Joan Lawrence and the sense into our election process. League of Women Voters. Gerrymandering is not a Republican or Democrat problem. It is a funda- Representative Joan Lawrence (R-Galena, 1983-1999) mental problem of government that led the way by introducing redistricting reform legislation must be corrected.” every year that she served in the Ohio General Assem- bly. - Former Governor James A. Rhodes in a July 3, 1981 letter to Benson Wolman and Robert S. Graetz 4 Throughout the 1980s and the 1990s the League of Women Voters of Ohio and its allies including David L. Horn tried to keep redistricting on the front burner. In 1999, the League even attempted to collect signatures for a redistricting reform ballot measure focused on compactness but came up short. When Democrats lost control of the Apportionment Board (the body tasked with drawing districts for the state legislature) in 1990, they became more sympathetic to changing the system — but unsur- prisingly, Republicans had lost their enthusiasm for change. The Republicans held on to the Appor- tionment Board, the legislature, and the Governor’s office through the 2000 elections and thus saw no need to change the system for the post-2000 redistricting. In 2005, a coalition of individuals and organizations came together under the rubric of Reform Ohio Now (RON) to promote a package of four constitutional amendments, one of which dealt with state legislative and congressional redistricting. The RON redistricting amendment also took a formulaic, mathematical approach, only this time the main criterion was competitiveness. As the chair of the Ohio Democratic Party, Paul Tipps opposed redistricting reform in 1981. In 2005, following his retirement from a high profile career as a lobbyist—and with the Democrats out of power— Tipps became one of the biggest proponents for ending “pay to play” and gerrymandering. RON included some academics, some good government organizations, some labor unions, and some Democrats — but very few Republicans. Ultimately, the Ohio Republican Party and many prominent Republicans opposed the RON amendments. The Ohio Democratic Party did not en- dorse the amendments, with some county organizations supporting the reform and some opposing. The Reform Ohio Now amendments were overwhelmingly rejected by the voters. The Republican opposition was not surprising since the GOP controlled the existing process. But the tepid Democratic organi- zational support was somewhat surprising. One explanation given for the weak Democratic support was the expectation of many Democrats that they would sweep the 2006 and 2010 elections and thus control the post-2010 redistricting process. Recent legislative efforts began over a decade ago. 2006 saw the emergence of a strong Republican advocate for redistricting reform—Jon Husted. Dur- ing the debate over the RON redistricting amendment in 2005, its leading Republican opponents — then House Speaker Jon Husted (R- Kettering) and then Ohio Representative Kevin DeWine (R- Fairborn) — acknowledged that Ohio’s method of redistricting was flawed. While arguing that the RON amendment was not the solution, they pledged to take up the issue of redistricting reform in 2006, if RON was defeated. 5 Speaker Husted and Representative DeWine kept their word, negotiating with various reform groups and some Democrats. Their 2006 proposal would have placed Ohio in a national leadership position, since it explicitly included competition as a secondary criterion in choosing a redistricting plan, with compactness as the primary goal. When the time came for a legislative vote to approve an amend- ment for the ballot, only one Democrat supported the proposal and it failed. While the reasons for this result are complex, it appears that Democrats did not trust the Republi- cans or did not want the Republicans to get credit for political reform. And—perhaps most important- ly—they believed that there was no need to change a system that might soon benefit them. The last time Ohio almost passed reform: the 2010 legislative proposal Redistricting reform again took center stage at the Statehouse in the 128th General Assembly (2009 -2010) when the Ohio House was dominated by Democrats and the Ohio Senate by Republicans. A redistricting reform measure sponsored by then State Senator Jon Husted was approved by the Re- publican Senate in September 2009. This resolution would have created the Ohio Redistricting Com- mission to draw state legislative and congressional districts with rules focused on compactness, with competitiveness as a secondary goal. Then in May 2010, the Democratic-controlled House passed a different proposal sponsored by then Representatives Tom Letson (D-Warren) and Jennifer Garrison (D-Marietta) and strongly supported by then Speaker Armond Budish (D-Beachwood). This proposal which addressed state legislative and congressional redistricting focused on establishing rules for mapmaking and would have established a public competition for redrawing district lines similar to a 2009 competition sponsored by the Ohio Secretary of State, the League of Women Voters of Ohio, Common Cause Ohio and Ohio Citizen Action. As former Speaker, Husted used his floor privileges to encourage fellow Republicans to support the Democratic proposal with the hope of merging the two redistricting reform measures through negoti- ation and the measure was supported by both Democrats and Republicans 69-28.